fail to provide specimen. blood

Convicted Driver Insurance

Benaaaa

New Member
As the title says I've been charge with that .and it says attempting to drive

ok . Basically I had 1 drink. Then drove like down few roads lost control on a roundabout due to the weather conditions. And I managed to crash into another car.
Police turned up quite quick I belive they was passing by.
anyway I was breathalyser road side n blew quite high. Then was taken to the station .I think I was arrested with suspicion of drink driving.

taken to the station where I was search and nothing was found .

was asked to give a sample of breath which I failed to give within the 3mins
I think I had three attempts the machine does take long to reset.

but due to being in a crash I felt it hard to give hard long breaths .

I did say i was in pain. I asked to see a doctor which then they took me to a hospital. At that point they made me feel very low saying i was just wasting their time . Then they said they be taking my bloods and kinda laughing about it because they said they can get more information from that then breath.

At the hospital I was still in shock and pain the doctor checked me over I can't really remember what was say but he asked for permission for blood and I just said no. Then I was taken back to the station.

still being in shock and pain I was then put in a cell and release hours later with a charge of suspected of having to attempted to drive and fail to provide blood .

Yes what I did was dumb and it my first offensive.
Doing a little research could I argue that which I have a phobia of needles. And
I have no tattoos btw

2. Police fail to follow protocol.

They never warn me what would happen if I refuse a blood sample .
I'm 80% they never told me plus asked me why I refused. As I didn't know it was a valid reason at the time I just don't like them.

They never ask for my urine. But on cctv they clearly see me urinate in the cell in the toilet of course.

when arrested I was always calm and never aggressive.

I was never interviewed either .Brough in charged and released.

I have court end of Jan . And I know it Xmas now so don't expect people to reply but would appreciate any help in the bet way to fight this as I need my license. For work and I have two young kids .

I spoke to driving solicitors and they think I have a case but cost way to much .

Buy yeah any help in my steps to take before the hearing be much appreciated

thanks.

I'm typing on a phone so sorry for any errors
 
It may be that there are defences available to you upon further exploration with a solicitor. You have highlighted both procedural defences as well as a potential reasonable excuse for why a specimen was not provided. Case law suggests that it is important that a phobia of that type is highlighted at the time. You should have been asked if there were any medical reasons why you could not provide a specimen. After review of your case it may be that an expert is required to comment on the issue of a needle phobia. It can be expensive defending a case like yours given that medical experts and specialists solicitors would need to be involved. Legal Aid is not usually available for this type of case. It would still be worth speaking with one of our specialists to discuss your options. You can do so on 03332009863.
 
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